Reference from Scottish Criminal Cases Review Commission:- On 22 November 2006 following a trial at Glasgow High Court the appellant was convicted of two charges of aggravated assault. The appellant was subsequently sentenced to an extended sentence of 8 years detention comprising a custodial term of 6 years and an extension period of 2 years in relation to charge one. In relation to the second charge he was sentenced to 18 months detention to run concurrently with the first charge. The appellan ...
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Criminal Note of Appeal Against Conviction:- On 12 October 2001 at Edinburgh High Court the appellant was convicted after trial of a charge of murder. After significant delay and protracted procedure a number of grounds of appeal were argued on behalf of the appellant:- (1) the appellant did not receive a fair trial as a consequence of prejudicial publicity both prior to and during his trial; (2) the trial judge erred in admitting, as hearsay evidence under section 259 of the Criminal Proce ...
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Judicial Review of the decisions of the Secretary of State for the Home Department to refuse to grant the petitioner leave to remain in the United Kingdom and to certify her claim in terms of section 94(2) of the Nationality, Immigration & Asylum Act 2002:- The petitioner, a Nigerian national, arrived in the United Kingdom as a visitor on 20 November 2004. The petitioner overstayed her visa and gave birth to a daughter on 3 October 2005. The petitioner sought asylum in 2008 and her applicati ...
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In this case, Birmingham City Council maintained that it had successfully discharged its duty to a number of applicants who were homeless and fulfilled the relevant criteria. The applicants disputed this, claiming that, although written notification of the kind the law requires may have been sent to them by the authority, they never actually received it. The dispute between the parties as to whether the duty had been discharged therefore turned entirely on a pure question of fact. It was therefo ...
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On 17 December 2007 and 14 May 2008, respectively, in summary proceedings Sean Martin and Ross Miller were each sentenced by Sheriffs to periods in excess of six months imprisonment for driving while disqualified contrary to s.103(1)(b) of the RTA. They both sought to challenge their sentences on the basis that amending the relevant provisions of the 2007 Act were outside the legislative competence of the Scottish Parliament. The High Court of Justiciary (“the HCJ”) dismissed the ...
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The United States Government is seeking the extradition of the appellant, Mr Norris, so he may be tried on an indictment charging him with obstruction of justice. He had originally faced a further charge of price fixing. The House of Lords ruled in 2008 ([2008] UKHL 16) that the conduct alleged in relation to the price fixing charge was not capable of amounting to an extradition offence as it was not a crime under English law when it was committed. His case was then sent back to the district jud ...
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The Appellants appealed against the granting of a Winding Up Order that had been made against them on the ground that they were unable to pay their debts.The Appellants had contended that their debt to the Petitioners/Respondents had been extinguished by a payment of £5,000 made in cash by a former employee to the Respondents’ director. The Sheriff had been given Affidavits provided by the employee and also the Respondents’ Director. The Director stated that he had not rece ...
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The Pursuer claimed damages for injuries she suffered in a road traffic accident. Liability was not in dispute but quantum could not be agreed and a Proof took place. At the time of the Proof the Pursuer was 41 years old. She was the only witness to give evidence. On several important points her evidence was entirely different from the information she had given to the Consultant in Accident & Emergency Medicine and Surgery who had examined her and provided a medical report. Both partie ...
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Criminal Appeal under section 74 of the Criminal (Procedure) Scotland Act 1995:- The respondents have been indicted to Aberdeen Sheriff Court on a number of charges including inter alia:- "On 30 May 2008 at 28 Newton Road, 96 Cummings Park Circle, and elsewhere in Aberdeen you COLIN STEWART and LEE DONALD STEWART did abduct John Wright McPherson Leaper ... and detain him against his will and assault said [John Leaper] and repeatedly strike him on the head and body with a baseball bat and a metal ...
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Limitation
A claim against solicitors and actuarial advisers in respect of advice and documentation prepared for a pension scheme provided in the period 1992 to 1995 was commenced by a single claim form. Following issue of the claim form the solicitors agreed to a stay of the claim, but the actuarial advisers refused to agree a stay. The claimant served on the actuarial advisers only a claim form and particulars of claim setting out the claim as against them. Later, and after the 15 year long stop for s. 1 ...
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